Negotiation Jujitsu. University of Wisconsin-Madison. From the SelectedWorks of Vikas Singh
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1 University of Wisconsin-Madison From the SelectedWorks of Vikas Singh November, 2005 Negotiation Jujitsu Vikas Singh, University of Arkansas for Medical Sciences Ed Hill, University of Arkansas for Medical Sciences Available at:
2 What if They Won t Play (Use Negotiation Jujitsu) Getting to Yes Negotiating Agreement Without Giving In By Roger Fisher and William Ury Vikas Singh Ed Hill
3 What if They Won t Play They may state their position in unequivocal terms Concerned only with maximizing their own gains They may attack you in place of attacking the problems
4 Three Basic Strategies What you can do What they can do Negotiation Jujitsu What a third party can do One Text Mediation Procedure
5 Negotiation Jujitsu Three Basic Maneuvers Asserting their position forcefully Attacking your ideas Attacking you
6 Don t attack their position, look behind it Neither reject nor accept the position Treat it as one possible option Look for interest and principles behind it Think of ways to improve it
7 Don t defend your ideas, invite criticism and advice Invite criticism, instead of resisting it Ask them what is wrong with a particular idea or an option Use their criticism and advice to find out their underlying interests and principles Rework your ideas in light of what you learn
8 Recast an attack on you as an attack on the problem Resist the temptation to defend yourself or attack them Listen to them Understand what they are saying Recast their attack on you as an attack on the problem
9 Ask questions and pause Use questions instead of statements Silence
10 One-text procedure Call in a third party to: Separate the people from the problem Direct the discussion to interests and options Suggest impartial basis for resolving differences Separate invention from decision making
11 How does a third party do this Asks about the interests rather than positions Learn all about their needs and interests Suggest a provisional solution/recommendation Ask them to critique it or suggest improvements Improvise the recommendation in light of inputs Present the final solution
12 Getting them to play: The case of Jones Realty and Frank Turnbull $600 rent per month Apartment under rent control Max rent at $466 per month Mrs. Jones reimburses after several long principled negotiation sessions
13 Stock Phrases Please correct me if I m wrong. We appreciate what you ve done for us. Our concern is fairness We would like to settle this on the basis of Independent standards, not of who can do what to whom Trust is a separate issue
14 Stock Phrases (cont.) Could I ask you a few questions to see whether my facts are right? What s the principle behind your action? Let me see if I understand what you re saying Let me get back to you Let me show you where I have trouble following some of your reasoning
15 Stock Phrases (cont.) One fair solution might be. If we agree..if we disagree. We d be happy to see if we can leave when it s most convenient for you It s been a pleasure dealing with you
16 Please correct me If I m wrong Establish dialogue based on reason Invitation to participate Good probability you won t lose face Opening to correction and persuasion sets the tone
17 We appreciate what you ve done for us Through support, separate people from problem Defuses self-image threat Other side now has something to lose: Praise and support
18 Our concern is fairness Take basic stand on principle Remain open Both ends and means to accomplish ends are principled
19 We would like to settle this on the basis of independent standards, no of who can do what to whom Don t lose temper- and thus, control Bring negotiation back to merits Good example of negotiation jujitsu Reinforces principled negotiation
20 Trust is a separate Issue Slip out of corner Remain firm on the principle
21 Could I ask you a few questions to see whether my facts are right? Statements of fact can be threatening, questions are better Phrasing info as questions allows open participation Lays foundation for agreed upon facts
22 What s the principle behind your action? A principled negotiator neither accepts nor rejects other side s opinion Leads other side to search for reasons Negotiation continues on principle
23 Let me see If I understand what you re saying Principled negotiation requires good communication Other side more likely to listen and be more receptive
24 Let me get back to you Good negotiator rarely makes important decisions on the spot Time and distance help to separate people from problem Good negotiators comes to table with credible reason for leaving Allows discussion with constituents (Paul) Fresh commitment to principled negotiation
25 Let me show you where I have trouble following some of your reasoning Present reasons before offering proposal Proposal first will often lead to other side not listening to reasons Considering counterproposals
26 One fair solution might be. Proposal not as yours, but as fair option Proposal not as only solution, but one fair solution
27 If we agree..if we disagree. Try to make it easy for other side Trickiest part is to communicate the alternative Use of third party Creates distance, thus, separation of people from problems Don t always reveal BATNA
28 We d be happy to see if we can leave when it s most convenient for you Incorporate other side s interests Allows for other side to save face Other side feels good about agreement
29 It s been a pleasure dealing with you End on a good note Reestablishes principle of separation of people from problem Relationship maintained
30 Summary You can get the other side to play principled negotiation, even if they don t want to at first Principled negotiation, negotiation jujitsu, or a third party all work
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